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1996 Supreme(Guj) 98

A.N.DIVECHA
Khushalbhal Nathubhai Patel – Appellant
Versus
STATE – Respondent


Advocates Appeared: D.N.Patel, S.H.SANJANWALA

A. N. DIVECHA, J.

( 1 ) THE order passed by and on behalf of the State of Gujarat (respondent no. 1 herein) on 23rd March 1988, as also the order passed by the Urban Land Tribunal at ahmedabad (the appellate authority for convenience) on 4th July, 1988 in Appeal No. Surat-59 of 1986 are under challenge in this petition under Articles 226 and 227 of the constitution of India. By their impugned order, respondent No. 1 and the appellate authority affirmed the order passed by the Competent Authority at Surat (respondent No. 3 herein) on 29th January 1986 under sec. 8 (1) of the Urban Land (Ceiling and regulation) Act, 1976 (the Act for brief ). By his impugned order, respondent No. 3 declared the holding of the predecessor-in-title (the deceased for convenience) of the present petitioner to be in excess of the ceiling limit by 4500 square metres.

( 2 ) THE facts giving rise to this petition move in narrow compass. The deceased filed his declaration in the prescribed form under sec. 6 (1) of the Act with respect to one parcel of land bearing survey No. 571 admeasuring 17300 square meters situated at Vesu within the urban agglomeration of Surat (the disputed land for convenience ). It ma







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